L ZHONG AND ANOR V COVINGTON GROUP HOLDINGS LIMITED AND ORS HC AK CIV 2006-404-002691

L ZHONG AND ANOR V COVINGTON GROUP HOLDINGS LIMITED AND ORS HC AK CIV 2006-404-002691

Although the judge found that the plaintiffs' preparation of the opposition and affidavits warranted a band C time allocation, the correct course under NZI Bank v Philpott is to reserve costs on an unsuccessful summary judgment application so that incidence and quantum can be determined once the substantive proceeding is concluded; accordingly costs on the summary judgment application are reserved.

Citation
openlaw-542f1dfe_eaf4_4864_b49b_ddfc5b1bc3f6.pdf
Parties
Plaintiff: Lin (Lily) Zhong; Second Plaintiff: Golden City Developments Limited; First Defendant: Covington Group Holdings Limited; Second Defendant: Wadsworth Ray; Third Party: Corbett Carter
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 February 2008
Procedural Posture
Civil (high Court) / Application for Summary Judgment; Costs Stage (costs Reserved)
Outcome
Costs on the summary judgment application are reserved.
Legal Topics
Summary Judgment, Cost Assessment, Costs Reservation, High Court Rules R47 and R48 B
Civil Procedure Costs Law Summary Judgment Cost Assessment Costs Reservation High Court Rules R47 and R48 B

Case Brief

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Parties

Lin (Lily) Zhong

Plaintiff

Golden City Developments Limited

Second Plaintiff

Covington Group Holdings Limited

First Defendant

Wadsworth Ray

Second Defendant

Corbett Carter

Third Party

Procedural Posture

Civil (high Court) / Application for Summary Judgment; Costs Stage (costs Reserved)

Legal Issues

  1. 1 Whether costs on the summary judgment application should be awarded and at what scale
  2. 2 Whether plaintiffs were entitled to a band C time allocation for preparation of opposition and affidavits
  3. 3 Whether costs should be reserved pending determination of the substantive proceeding under NZI Bank v Philpott

Ratio Decidendi

Although the judge found that the plaintiffs' preparation of the opposition and affidavits warranted a band C time allocation, the correct course under NZI Bank v Philpott is to reserve costs on an unsuccessful summary judgment application so that incidence and quantum can be determined once the substantive proceeding is concluded; accordingly costs on the summary judgment application are reserved.

Court Disposition

Costs on the summary judgment application are reserved.

Orders

  • Costs on the summary judgment application are reserved.
  • Leave for either party to apply further as to these costs should the substantive claim not proceed to a final determination.